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Section 355 of the Internal Revenue Code (IRC § 355) allows a corporation to make a tax-free distribution to its shareholders of stock and securities in one or more controlled subsidiaries. If a set of statutory and judicial requirements are met, neither the distributing corporation nor its shareholders recognize gain or loss on the distribution.
A C corporation is distinguished from an S corporation, which generally is not taxed separately. Many companies, including most major corporations, are treated as C corporations for U.S. federal income tax purposes. C corporations and S corporations both enjoy limited liability, but only C corporations are subject to corporate income taxation. [1]
Shareholders of corporations are subject to corporate or individual income tax when corporate earnings are distributed. [62] Such distribution of earnings is generally referred to as a dividend . Dividends received by other corporations may be taxed at reduced rates, or exempt from taxation, if the dividends received deduction applies.
Form a new C corporation, which is a corporate structure with shareholders. 2. Create a 401k ROBS retirement plan for that corporation. 3. As a business owner, you become an employee of the C ...
Many jurisdictions also impose a tax on dividends paid by a company to its shareholders (stockholders), but the tax treatment of a dividend income varies considerably between jurisdictions. The primary tax liability is that of the shareholder, although a tax obligation may also be imposed on the corporation in the form of a withholding tax. In ...
If a corporation that has elected to be treated as an S corporation ceases to meet the requirements (for example, if as a result of stock transfers, the number of shareholders exceeds 100 or an ineligible shareholder such as a nonresident acquires a share), the corporation will lose its S corporation status and revert to being a regular C ...